Divorce On Grounds Of Cruelty And Desertion

Divorce On Grounds Of Cruelty And Desertion
sc-divorce-crueltyanddesertion.pdf

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27 Responses to “Divorce On Grounds Of Cruelty And Desertion”


  1. 1 shivpuje December 8, 2007 at 1:29 pm

    Dear all friends at save indian family group,

    i was also
    the victim of the same 498A section. i myself, mother, sister and her husband where arrested in
    june 2003. we all got bury from the 498A section after long period of court proceedings and
    judegement on 20th november 2007.

    i had also filled the divorce petition in 2003. but unfortunatly, my petition of divorce under
    cruelty and dissertation has been dismissed by family court, mumbai. the judgement has been given
    on 7th december 2007. but i will the written copy only after 1 month.

    my query now is :
    1) as i will get the written copy after one month, i doubt that my wife will come and stay at my
    house, which is in my mother’s name.
    2) how can i prevent her from coming to my house.
    3) can she again put 498A section on me and my family.
    4) i will be appealing in the high court, till i appeal in the high court how can i prevent myself
    and my family from her.
    5) can she legally come and stay at my house ?

    please help me
    Shivpuje

    • 2 sam November 25, 2010 at 11:14 am

      dear mr. shivpuje
      since you won the case, and it is proved that it was a false allegation made on you, you can again file a petition for divorce under cruelty(false allegations made on you) i think you filed for the petition 4 divorce, when the 498a was going on, so obviously the court will deny your allegation. but now because it is proved that you are innocent, you can try again.

    • 3 siranjeet sandhu January 12, 2013 at 5:16 pm

      IN DIVORCE U/S 13HMA thre is special provision for women for grounds for divorce is one year after maintenance order u/s 125 crpc if no cohabitation between spouses occur which is ground given only to women and not men . hence so manyf alse and frivlous cases of maintenance are filed against men and this ground is rarely used by women for divirce
      if this ground of one year after maintenance order is also given to men and made gender neutral and like other grounds as one year after RCR decree or legal seperation.
      then the chances of false case under 125 crpc will decrease because of fear of divorce and legal extortion of man will decrease

      • 4 siranjeet sandhu January 12, 2013 at 5:18 pm

        (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,—

        (i) in the case of any marriage solemnised before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnisation of the marriage of the petitioner:

        Provided that in either case the other wife is alive at the time of the presentation of the petition; or

        (ii) that the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or 8[bestiality; or]

        9[(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) [or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898)], a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or

  2. 5 Major Subhajeet Naha January 11, 2008 at 5:31 pm

    file a petition for legal separation..

  3. 7 Major Subhajeet Naha January 11, 2008 at 5:32 pm

    you will buy some time with that

  4. 8 karan December 2, 2009 at 4:47 pm

    My dear friend,

    Since she has already filed a criminal case against u and u have won it. This itself says that she is wrong.
    Second since it is very much clear that she is totally wrong, so I don’t think she will come and stay with u.
    Third in case if she comes and stays then don’t give any kind of respect at all to her or to her family ( in fact I presume that she or her family don’t have any respect in society).
    Fourth if she comes then don’t consider now her as your wife, keep with u but in another manner……………hope u r getting………….enjoy the life…………Because respect is given to those who deserve it or have it already but for those who dont have any respect , u also don’t need to give.

    Enjoy my friend………….don’t look at behind………..there is nothing only dark……..see in front………someone is waiting for u.

    Bye.
    Have a nice time.

    • 9 tejpal August 10, 2013 at 4:50 am

      hi karan i read ur reply on sff my name is Tejpal.
      i m teacher in delhi
      .i like ur reply which u given on behalf of shivpuje in 2009.

  5. 10 Harish HS December 17, 2009 at 11:15 am

    Dear freind

    SC itself has given judgement that false 498a itself is a good ground to seek divorce on basis of mental cruelity. Don’t get her inside your house and if she wants to come you kick them along with their parents. I know the pain of sufferings. get another marry and enjoy the life. why you are wasting your life for this bludy ladies.

    All the best

    Thanks and regards,
    Harish HS

  6. 11 SANJAY THAPA March 24, 2010 at 3:03 pm

    my wife has led an independent life despite my continous support to her from being a housegirl to lecturer with a five figure salary. But now after 16 yrs maarriage she feels free and has fled from home with my child, filed a DV case, NOT LET THE PROTECTION NOTICE TO REACH ME, lived seperately, written love messages to me (copies available)& agreed that it is not possible to live alone & then filed a DIVORCE & CHILD CUSTODY CASE against me ( AFTER 4 MOMTHS). WHAT DOES SHE WANT ??!!!

    My contentention is that she is being blackmailed/misled by her brothers.She needs a psychological/marriage counselling.

    IS NOT THE DIVORCE & CHILD CUSTODY CASE NULL AND VOID as it shows a malefide intentions of the petitioner or her unsound mind ? WILL IT ALSO REFLECT ON THE DV CASE ??

  7. 12 ananthakrishnan May 30, 2010 at 10:20 am

    My son was working as regional sales manager at pharmacetutical company and he was tight schduled in his work and was roaming all the thirty days in month with twenty four hours in view of tight work. there were some misunderstanding between them for some time it was noticed to my notice one fine morning his wife has taken all his belongings to her native place kumbakonam Her father is not advised instead filed an application for separation under 10 of the Hindu marriages act on the grounds of gruelty. Her father intention to get her remarry and intend to send her abroad. The marriage took place in the year 2005 and a child aged 4 is with the mother
    The law have gave good protection to the ladies simply state cruety by son father mother. Having enjoyed four years we could analyse her mind her father and mother
    can we file an application in the court of Madurai
    how to contend that no cruety was give to her as was alone with her husband for years and has not permitted our family to enter theur house but now blaming son”s father and mother
    Please advice

  8. 13 Pradeep October 22, 2010 at 3:25 pm

    I got married in may 2004.As is usual there used to be quarrel between us but not that serious.I used to love her a lot.I had never told her short comings to my in laws because i don’t want her to be scolded by her parents.But ultimatily it back fired.In march 2006 she filed 498a case against me & my family.And in the month of august 2006 she filed cr.P.C.125 against me.Both the cases are sending.Now in the year 2008 i was denied a central govt job because of this case only.Now the maintenance case is due for judgement this month.Now i am not earning anything and in the final year of law study.498a case has just started where cross exam of my wife is partly completed.In the mean time i have selected a good girl for my marriage.It also her second marriage.I sincerely feel that once any wife lodged a complaint against you under any Act do not ever allow her to come back again.This will discourage other women & make them think twice before making a complaint against you.Thanks

  9. 14 PRADEEP October 31, 2010 at 4:05 pm

    It is given u/s 300 of cr.P.C. That a person once convicted or acquited can not be tried again for the same offence. person shall be prosecuted and convicted for the same offence more than once, it is provided Under article 20(2) of the constitution.The same provision is given u/s 40 of the indian evidence act.Despite all this provisions in the statute the indian courts are blindly taking cognizance of the cases under domestic violence act of 2005 after the Accused are acquited under section 498a.Why the hell are these honourable magistrates not rejecting such applications in the submission level itself?Because the applicant wife files the application under D.V act in the same court which had already acquited all the accused.More over the facts ,issues ,accused etc.Are the same as in 498a and the learned magistrate is is very well acquainted with the case and knows that it is nothing but to harass these innocent people.The court should act tough and imposed fines on the applicant for filing such abusive petitions.Thank you.

  10. 15 PRADEEP November 1, 2010 at 3:38 pm

    As i had posted earlier that a case u/s 498a against me lodged in the yr 2006 is still pending.In the mean while maintenance u/s 125 of cr.P.C. Is awarded rs 800/ p.m.

  11. 16 meena November 18, 2010 at 6:56 pm

    you can file afresh suit for divorce on the ground of cruelity because you have won the 498 A case . the courts have treated a false 498A case as cruality on wife,s part.

  12. 17 gitangshu kundu March 4, 2011 at 12:28 pm

    Dear All

    I have done love marriage on 2005, on 2006 nov my wiffe gave me my lovely son, but I and my wife stayed in my father in law house because she (suchorita) denied to stay in our parental house.In this moment on 2009 my son has admitted in School near of her parental house.

    After my father retire from job(Govt)on 2010 Jan, she and her parents told me to stay at our parental house.I again admit my son in school near of our house.

    From 1st day she start to convince my father and me she wants our 2nd floor, but my father has been refused, and my father mooved to delhi to stay with my sister and my mother stay with me.

    March 2010 one of my friend found that she has a relation with other person, after that I found that she supress lot of things and stayed separately in same house, on 2010 nov I have found she has given lot of phone calls to same guy, i have charged her, her parents told me you are bad so she has made friends, I determine to change the hose and take rented house on salt lake at kolkata, and admit son at Haryan Bidya Mondir at salatlake. In this moment she still carry the relation with this guy, my mother was furious and told me to get out from the house and stay separately, then she denied and want 2nd floor, but I went with her with my son at her parental house on 5-02-11, and then I shifted entire our family material on 15-02-11 at my rented house, but late night i found my wife put a 498d case at Barasat police station, on my father,me and my mothe still we are absconding, today police call me through my wife no and then told me to kill me if i not surrender.

    please help me what to do, My bail application will be produce on court on 16-03-11.

  13. 19 nilesh meshram August 25, 2011 at 7:10 am

    i filed restitution for conjugal rights on 12 may 2010. My wife filed for intrim maintainance that was ordered by hounarable judge in jan 2011 of Rs.5000/ per month. uptil now i have paid Rs.40,000/-. Now my wife have lodged complaints at four places for dowry 498a in women cell (NGO), Women cell (Police Station), Police station, Bhandara & Police Station, Nagpur..
    the police officials are now harrassing us for the same due to which me & my family are under mental stress..
    I dont ned her back and i want to ammend the ongoing Restitution u/s 9 to Divorce…
    how could i implement this and plz give me some parallel cases as example to file the same.
    thanx in anticipation..
    plz help me out…

    • 20 Abhisek October 4, 2011 at 2:51 pm

      Hi Nilesh,

      I am also victim like you. I don’t have much more understanding but i can say if FIR has filled the go for Anticipatory bail. Because if police will arrest the there is more problem. If FIR is filled then you can go for Quash in High court, At least current proceeding will stay for few month. How judge order for 5K ? because if girl is getting 5K then they have collect good money and fight against you. Go to high court against interm maintenance.

      In my case all family member have AB and we filled 482 in HC and case has been stayed.

      For CRPC125 this case is still pending in family court from last 15 month because we appeared after one year.

      Thanks
      Abhisek(victimof498a@ymail.com)

  14. 21 Baburam February 7, 2012 at 3:21 pm

    my friends wife suited a case under 498a with the charge of harassing of his family members. Simultaneously applied for divorce. The divorce case judgement came and my friend was charged Rs300000. He is now afraid if the 498a case will still continue or not. Should he pay the demanded amount ? please help

  15. 22 kumar March 24, 2012 at 6:32 am

    Please give your valuable advices along with below mentioned issues in Indian law,Christian Marriage act in state of Andhra

    Pradesh,Country India

    -How and what are the points to be needed to quash 498a,dvc & Maintenance ?

    -how can be maintenance avoided as she is well qualified and used to work before and earn more than 70k/month,now wantedly

    she is NOT working for maintenance?

    -what are he possible criminal and civil cases can be filed on wife and wife’s side as they are harrassing with false

    498A,DVC & Maintenenace cases and whole family have to travel 1000km/month?

    I filed in my home town RCR and counter for maintenance as i m without job last 1 year after coming from abroad just to fight

    the case?

    -In false DVC,498A & Maintenance what are the possible relifes husband can get ?

    -what are the possibilities of saving me and my family with Indian Christian Marriage act from FALSE 498A,DVC,323,406,509 r/w

    34 IPC & Maintenance ?

    if possible please quote me previous judgements for my support,
    thank you,
    regards,
    kumar
    mail: 498a.kumar@gmail.com

  16. 23 Satish s. June 12, 2012 at 1:22 pm

    Ple.sent me judgment

  17. 24 jagdeep March 7, 2013 at 7:16 am

    my wife is tortured me a lot finally i filed for divorce after 4 months…she filed a false 498 a case…..is there any advantage of filing divorce case first….and is this case going to help in my divorce case. plz give me some advice.

  18. 25 Amartya anupam June 6, 2013 at 8:19 am

    i filed for divorce case n before presenting in court my wife filed false 498 case on me. however interim custody of my 4 year old daughter is been given to me and maintanance of 35000 /m is granted to my wife.
    my question is in false 498 my family members are not challaned as they found innocent n i have been charged and i filed a revision case for the same. can I get deree of divorce on the ground of cruelty and mental harrassement by filing false 498a.

    Amartya

  19. 26 krishna Murthy November 17, 2013 at 2:33 pm

    dear sir/mam my son got a decree of divorse from family court ‘without any condition, under sec.13 (1) (ia). Hence he got re married another girle after 23 days of judgment and before the HC stay order , Now the diversed wife filed an appeal in the HC for cancellation of the family court order. The H.C. also pased stay on fc order. Hear the question is-my son got re married before she filed an application in the H.C and the injuction passed thereof. hence what will be the result , and legal complication in this case?

  20. 27 pink March 14, 2014 at 2:13 pm

    my friend had separeted from her husband from 2007 coz of 498 A after 7 years he has convicted u/s 323 of Ipc. she had aply for divorce before 2 years and had get exparty divorce. she is government servent now she want to get second marraige while her ex husband has aply for restoration. can she marry in this situation?


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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